Notice2022-06401
Certain Cut-to-Length Carbon-Quality Steel Plate From Korea: Notice of Court Decision Not in Harmony With the Results of Countervailing Duty Administrative Review; Notice of Amended Final Results
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 28, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On March 18, 2022, the U.S. Court of International Trade (CIT) issued its final judgment in Hyundai Steel Company v. United States, Court no. 21-00012, sustaining the Department of Commerce (Commerce)'s final remand results pertaining to the administrative review of the countervailing duty (CVD) order on certain cut-to-length carbon-quality steel plate (CTL plate) from Korea covering the period January 1, 2018, through December 31, 2018. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results of the administrative review, and that Commerce is amending the final results with respect to the countervailable subsidy rate assigned to Hyundai Steel Company (Hyundai Steel).
Full Text
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<title>Federal Register, Volume 87 Issue 59 (Monday, March 28, 2022)</title>
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[Federal Register Volume 87, Number 59 (Monday, March 28, 2022)]
[Notices]
[Pages 17270-17271]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06401]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-837]
Certain Cut-to-Length Carbon-Quality Steel Plate From Korea:
Notice of Court Decision Not in Harmony With the Results of
Countervailing Duty Administrative Review; Notice of Amended Final
Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On March 18, 2022, the U.S. Court of International Trade (CIT)
issued its final judgment in Hyundai Steel Company v. United States,
Court no. 21-00012, sustaining the Department of Commerce (Commerce)'s
final remand results pertaining to the administrative review of the
countervailing duty (CVD) order on certain cut-to-length carbon-quality
steel plate (CTL plate) from Korea covering the period January 1, 2018,
through December 31, 2018. Commerce is notifying the public that the
CIT's final judgment is not in harmony with Commerce's final results of
the administrative review, and that Commerce is amending the final
results with respect to the countervailable subsidy rate assigned to
Hyundai Steel Company (Hyundai Steel).
DATES: Applicable March 28, 2022.
FOR FURTHER INFORMATION CONTACT: John Conniff, AD/CVD Operations,
Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On December 28, 2020, Commerce published its Final Results in the
2018 CVD administrative review of CTL plate from Korea. Commerce
determined that a countervailable ad valorem subsidy rate of 0.50
existed for Hyundai Steel during the period of review.\1\
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\1\ See Certain Cut-to-Length Carbon-Quality Steel Plate from
the Republic of Korea: Final Results of Countervailing Duty
Administrative Review; Calendar Year 2018, 85 FR 84296 (December 28,
2020) (Final Results).
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[[Page 17271]]
Hyundai Steel appealed Commerce's Final Results. On November 9,
2021, the CIT granted Commerce's request for a voluntary remand of its
determination of the countervailability of the reduction for sewerage
fees program in the Final Results.\2\
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\2\ See Order Granting Motion to Remand Case, Hyundai Steel v.
United States, Court No. 21-00012 (November 9, 2021) (Remand Order).
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In its final remand redetermination, issued on February 4, 2022,
Commerce found that the reduction for sewerage fees program was not
countervailable.\3\ On March 18, 2022, the CIT sustained Commerce's
final redetermination.\4\
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\3\ See Final Results of Redetermination Pursuant to Court
Remand, Court No. 21-00012, dated February 4, 2022.
\4\ See Judgment Sustaining Remand Redetermination, Court No.
21-00012, dated March 18, 2022.
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Timken Notice
In its decision in Timken,\5\ as clarified by Diamond Sawblades,\6\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to section 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The CIT's March 18,
2022, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\5\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\6\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Results
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to Hyundai Steel as follows:
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Weighted-
average
Producer or exporter dumping
margin
(percent)
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Hyundai Steel............................................... * 0.49
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* Indicates a de minimis subsidy rate.
Cash Deposit Requirements
Because Hyundai Steel has a superseding cash deposit rate, i.e.,
there have been final results published in a subsequent administrative
review, we will not issue revised cash deposit instructions to U.S.
Customs and Border Protection (CBP). This notice will not affect the
current cash deposit rate.
Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that were produced and/or exported by Hyundai
Steel, and were entered, or withdrawn from warehouse, for consumption
during the period January 1, 2018, through December 31, 2018. These
entries will remain enjoined pursuant to the terms of the injunction
during the pendency of any appeals process.
In the event the CIT's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, Commerce intends to
instruct CBP to assess countervailing duties on unliquidated entries of
subject merchandise produced and/or exported by Hyundai Steel in
accordance with 19 CFR 351.212(b). We will instruct CBP to assess
countervailing duties on all appropriate entries covered by this review
when the ad valorem rate is not zero or de minimis. Where an ad valorem
subsidy rate is zero or de minimis,\7\ we will instruct CBP to
liquidate the appropriate entries without regard to countervailing
duties.
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\7\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e) and 777(i)(1) of the Act.
Dated: March 22, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-06401 Filed 3-25-22; 8:45 am]
BILLING CODE 3510-DS-P
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